HOUSE BILL 971248
BY REPRESENTATIVES George, K. Alexander, G. Berry, Dyer, Sullivant, Taylor;
also SENATOR Bishop.
CONCERNING REMEDIAL ACTIONS TAKEN IN CONNECTION WITH
THE FEDERAL "URANIUM MILL TAILINGS RADIATION CONTROL ACT
OF 1978".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3929116
(2), Colorado Revised Statutes, 1994 Repl. Vol., is amended to
read:
3929116. Uranium mill tailings
remedial action program fund creation repeal.
(2) There is hereby created in the office of the state
treasurer the uranium mill tailings remedial action program fund
for the sole purpose of providing a state match to federal funds
available for the cleanup of uranium mill tailing sites as designated
for cleanup under the federal "Uranium Mill Tailings Radiation
Control Act of 1978", 42 U.S.C. 7901 et seq. The fund shall
consist of moneys transferred to the fund from the severance tax
trust fund in accordance with section 3929109 (5)
as it existed prior to its repeal and any other moneys made available
or appropriated into the uranium mill tailings remedial action
program fund pursuant to subsection (3) of this section. The moneys
in the uranium mill tailings remedial action program fund available
for remedial costs only shall not exceed fiftyseven million
dollars. Moneys in the fund shall be subject to annual appropriation.
All interest derived from the deposit and investment of moneys
in the uranium mill tailings remedial action program fund shall
be credited to such fund. Any unexpended and unencumbered moneys
in the uranium mill tailings remedial action program fund at the
end of the 199899 fiscal year shall be credited and transferred
to the severance tax trust fund
LOCAL GOVERNMENT SEVERANCE TAX FUND ESTABLISHED PURSUANT TO SECTION
3929110.
SECTION 2. 2511301,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
2511301. Legislative declaration.
(1) The general assembly hereby
finds and declares that the existence of uranium mill tailings
at active and inactive mill operations poses a potential and significant
radiation health hazard. This part 3 is therefore enacted to protect
the public health, safety, and welfare by cooperating with the
federal government in providing for the stabilization, disposal,
and control of such tailings in a safe and environmentally sound
manner to prevent or minimize other environmental impacts from
such tailings.
(2) THE GENERAL ASSEMBLY RECOGNIZES THE
NEED FOR THE STATE TO EXPEND SUCH FUNDS AS ARE NECESSARY TO PROVIDE
LAND ANNOTATION AND SITE INFORMATION FOR PURPOSES OF PROTECTING
PROSPECTIVE PURCHASERS OR USERS OF MILL SITES DESIGNATED FOR CLEANUP
PURSUANT TO PUBLIC LAW 95604. THE GENERAL ASSEMBLY THEREFORE
DECLARES ITS INTENT TO ASSIST LOCAL GOVERNMENTS WITH THE IDENTIFICATION,
REMOVAL, STORAGE, AND DISPOSAL OF TAILING DEPOSITS ASSOCIATED
WITH SUCH DESIGNATED MILL SITES FOR WHICH REMEDIAL ACTION IS NOT
TAKEN PURSUANT TO THE FEDERAL "URANIUM MILL TAILINGS RADIATION
CONTROL ACT OF 1978".
SECTION 3. 2511303
(1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2511303. Authorization
to participate implementation.
(1) The general assembly hereby authorizes the department
of public health and environment to participate in federal implementation
of the "Uranium Mill Tailings Radiation Control Act of 1978",
and for such purpose the department has the authority to:
(f) PARTICIPATE IN THE FOLLOWING ACTIVITIES
FOR WHICH THE STATE MAY PAY ANY PORTION OR ALL OF THE COSTS:
(I) LAND ANNOTATION AND INFORMATION GATHERING,
IDENTIFICATION, REMOVAL, AND DISPOSAL OF TAILING DEPOSITS ASSOCIATED
WITH MILL SITES DESIGNATED FOR CLEANUP PURSUANT TO PUBLIC LAW
95604 THAT REMAIN OUTSIDE OF THE DISPOSAL CELLS CONSTRUCTED
FOR REMEDIAL PURPOSES PURSUANT TO THE FEDERAL "URANIUM MILL
TAILINGS RADIATION CONTROL ACT OF 1978"; AND
(II) THE GROUNDWATER RESTORATION PHASE
OF THE FEDERAL "URANIUM MILL TAILINGS RADIATION CONTROL ACT
OF 1978".
SECTION 4. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO